A lodger lives in your home and shares living space with you — they are an 'excluded occupier' under the Protection from Eviction Act 1977 and can be asked to leave with reasonable notice, without a court order. A tenant has exclusive possession of self-contained accommodation and is protected by the Housing Act 1988, needing a Section 8 ground and a court order to evict. Use a Lodger Agreement (excluded occupier), not an AST or APT, whenever you are letting a room in your own home under the Rent-a-Room scheme.
If you take someone into your own home and let them have a room — typically in exchange for rent — you are not creating a tenancy. You are taking in a lodger. The wrong document at the start of this arrangement creates the wrong relationship in law and makes ending it dramatically harder. This guide explains the lodger vs tenant distinction, the Rent-a-Room scheme tax allowance, and when an Assured Shorthold Tenancy or an Assured Periodic Tenancy is exactly the wrong template.
If you use a tenancy template for a lodger arrangement, you may inadvertently grant the lodger Housing Act protection they would not otherwise have. You then need a Section 8 ground and a court order to recover possession — instead of the reasonable-notice route that lodgers normally fall under. Use the right document from day one.
Lodger vs tenant — the legal distinction
- A lodger shares living accommodation with their landlord. The landlord has access to and uses parts of the same dwelling (kitchen, living room, bathroom).
- A tenant has exclusive possession of a self-contained dwelling, even if it is a single room in a larger property, provided the landlord does not live there.
- The legal status is determined by the substance of the arrangement, not the label you put on it. A document called 'lodger agreement' that grants exclusive possession of a self-contained flat creates a tenancy, not a lodger arrangement.
- A lodger is technically an 'excluded occupier' under the Protection from Eviction Act 1977 — meaning the landlord can end the arrangement by giving reasonable notice without a court order.
- A tenant is a residential occupier under the Housing Act 1988 — meaning the landlord needs a Section 8 ground and a court order.
The Rent-a-Room scheme tax allowance
Under the Rent-a-Room scheme an owner-occupier (or, in some circumstances, a tenant) can earn up to £7,500 per tax year tax-free from letting a furnished room in their main home. Above the threshold you can choose to pay tax on the excess only or treat the whole income as taxable. The scheme is per-dwelling, not per-individual: if two people own the home jointly, the £7,500 is split between them.
- Must be your main residence — not a second home or buy-to-let
- The room must be furnished
- Up to £7,500 a year tax-free (£3,750 if jointly owned)
- Applies to lodgers paying rent in exchange for use of the room, plus the use of shared facilities
- Income from short-term holiday lets in your home also counts — Airbnb earnings included in the threshold
- Lodgers cannot claim housing benefit on a Rent-a-Room arrangement
What a Lodger Agreement (excluded occupier) covers
- Personal details of the homeowner and the lodger
- The room being let, plus the shared facilities the lodger has the right to use
- Rent amount, due dates, payment method, and inclusive utilities
- Notice period to end the arrangement (typically 4 weeks)
- House rules: visitors, noise, kitchen use, deposit handling
- Acknowledgement that the lodger is an excluded occupier under the Protection from Eviction Act 1977
- Right-to-Rent declaration — yes, this still applies to lodgers
Why an AST or APT is the wrong document for a lodger
- An AST/APT grants statutory protection from eviction that lodgers do not get under the Protection from Eviction Act 1977
- It implies exclusive possession — which contradicts the lodger reality of shared facilities
- Once granted, the only end-routes are a Section 8 ground plus court order (or, before 1 May 2026, a Section 21)
- The tribunal can challenge a rent increase — something not available against a lodger arrangement
- Deposit protection rules apply differently — a lodger deposit is not covered by the same statutory schemes
How to end a lodger arrangement
- Check the notice period in the Lodger Agreement (typically 4 weeks).
- Give written notice to the lodger that you require them to leave by the end of the notice period. Email or signed letter both fine.
- If the lodger refuses to leave at the end of the notice, you do not need a court order — but you do need to act reasonably and not in a way that breaches Protection from Eviction Act limits (no force, no removing belongings without consent).
- A practical approach: politely change the locks while the lodger is out, having reasonably notified them. Store their belongings safely and arrange for collection.
- If matters are contentious, take legal advice — the line between lawful self-help and unlawful eviction can be narrow.
Get the Lodger Agreement (Excluded Occupier)
Our Lodger Agreement (Excluded Occupier) (£19) is a complete editable lodger agreement, explicitly drafted for the Rent-a-Room scheme. Editable DOCX plus typeset PDF, with house-rules section, notice clause, and Right-to-Rent declaration block.
Our <a href="/shop/lodger-starter-pack">Lodger Starter Pack</a> bundles the Excluded Occupier Agreement, the Right-to-Rent Check Pack and the Rent-a-Room tax allowance guidance. One purchase, every paperwork piece for taking in your first lodger.